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Search & Seizure Supreme Court of the United States

Cranfill Sumner LLP

Significant Criminal Cases from the Supreme Court’s 2020-2021 Term

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The Supreme Court recently concluded the 2020-2021 term with its decision in the controversial voting rights case of Brnovich v. Democratic National Committee. Although Brnovich and other high-profile cases like Fulton v....more

Law Matters

On Caniglia v Strom and Community Caretaking: Q&A with Shay Dvoretzky and Emily Kennedy of Skadden

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In a 9-0 opinion by Justice Thomas, the Supreme Court held that the “community caretaking” exception does not extend to the home, narrowing police powers to search homes without a warrant and repudiating the First Circuit’s...more

Snell & Wilmer

U.S. Supreme Court Issues Unanimous Decision Supporting Tribal Sovereignty Rights

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On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Cooley

On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Dorsey & Whitney LLP

The Supreme Court - March 25, 2021

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Ford Motor Co. v. Montana Eighth Judicial Dist., No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: In two separate products liability actions, petitioner Ford Motor Company challenged the Montana and Minnesota State courts’...more

BakerHostetler

2020 Supreme Court Update

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The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

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Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mitchell v. Wisconsin

On June 27, 2019, the U.S. Supreme Court decided Mitchell v. Wisconsin, No. 18-6210, holding that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement almost always permits a blood test without a...more

McNees Wallace & Nurick LLC

Litigation News - June 2018

Recent Supreme Court Decisions Strengthen Drivers’ Privacy Rights - The Fourth Amendment protects individuals from warrantless searches and seizures in areas where they have a reasonable expectation of privacy. The United...more

Dorsey & Whitney LLP

The Supreme Court - May 14, 2018

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The Supreme Court of the United States issued five decisions today: Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more

Mintz - Privacy & Cybersecurity Viewpoints

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

Skadden, Arps, Slate, Meagher & Flom LLP

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

King & Spalding

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

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On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Bradley Arant Boult Cummings LLP

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Dorsey & Whitney LLP

U.S. v. Microsoft: Supreme Court to Review Scope of Search Warrant Compliance in a Digital Age

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The US Supreme Court has granted certiorari to review a decision by the Second Circuit Court of Appeals, which reversed a District Court’s refusal to quash a warrant issued by the Department of Justice to Microsoft that would...more

Morgan Lewis

Upcoming Supreme Court Case: Carpenter v. United States

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On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

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The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Haight Brown & Bonesteel LLP

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

Kelley Drye & Warren LLP

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy. The question before the Court is whether law...more

Robinson+Cole Data Privacy + Security Insider

U.S. Supreme Court Will Hear Mobile Phone Privacy Case

The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more

Snell & Wilmer

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

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The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

Rumberger | Kirk

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

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The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

Pillsbury Winthrop Shaw Pittman LLP

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

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